Feb 10, 2012

DUI Checkpoint Refusal

He asked the magic question that everyone should know: "Am I free to go?" The definition of being arrested is along the lines of "A reasonable person would assume that they were not free to leave." Once you've been arrested you must be informed of your rights and provided with counsel, unless you choose to waive that right. After asking if he was free to leave the police officer had a decision to make, either cite some form of probable cause for a search/arrest, or let him leave. Remember that question! Am I free to go? If they say yes, you leave; if they say no, you ask for a lawyer and refuse to say anything else until that lawyer arrives.

But, you also have to have balls of steel.

1 comment:

Anonymous said...

I will respectfully disagree with your legal analysis! Just because you are not free to continue on your way, does not mean you are under arrest! "Reasonable Suspicion" is enough for a detention, but does not equal "Probable Cause" and grounds for arrest! Furthermore, there is no requirement for police to inform you of your rights upon arrest as you see in the movies. Miranda warnings (right to remain silent, council etc.) are only required once an arrest is made AND you are being questioned. A police officer can made an arrest and book you into jail without ever giving you warnings.